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(영문) 대구지방법원서부지원 2015.07.08 2015가단2724

자동차소유권이전등록등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 2012, the Plaintiff: (a) requested the Nonparty to sell and purchase the instant motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”); and (b) transferred the instant motor vehicle along with the documents necessary for the transfer of the motor vehicle; (c) the Defendant purchased the said motor vehicle on January 18, 2012 and did not transfer the registered name; and (d) as a result, the Plaintiff is subject to various taxes and traffic penalties related to the operation of the instant motor vehicle; and (c) accordingly, the Defendant is obligated to take over the ownership transfer registration procedure for the said sale from the Plaintiff.

According to the evidence No. 1, the defendant concluded an automobile insurance contract between Samsung Fire and Marine Insurance Co., Ltd. with the insurance period from January 18, 2012 to January 18, 2013, and operated the automobile of this case. However, in order for the plaintiff to file a claim against the defendant for the acquisition of the transfer registration procedure for the automobile of this case, it should be presumed that the plaintiff entered into a lawful sales contract for the automobile of this case directly between the plaintiff and the defendant, or that there was an agreement between the intermediary in the process of distribution from the plaintiff to the defendant before the transfer to the defendant. Further, there is no evidence to acknowledge it. Rather, the following circumstances are acknowledged by taking into account the overall purport of the statement and arguments in the evidence No. 1, No. 2, and the whole purport of the statement and arguments, namely, the automobile of this case was purchased in the name of the plaintiff for the automobile of this case from September 16, 2009 to March 12, 2010.